Triple Riding On Motorcycle Not Automatic Proof Of Contributory Negligence; High Court Can Enhance Award Even Without Cross-Appeal: Andhra Pradesh High Court Statutory Power To Lay Electricity Lines Prevails Over Private Land Claims; Landowners Entitled To Compensation, Not Obstruction: Bombay High Court Beer & Whisky Are Allied/Cognate Goods; Use Of Identical Mark For Spirits Infringes 'Godfather' Beer Trademark: Delhi High Court Minimum Percentile Fixed By Indian Nursing Council For B.Sc. Nursing Admissions Must Be Strictly Adhered To; Cannot Be Diluted Without Approval: Calcutta High Court Bride Not Expected To Keep All Gold In Personal Custody In Matrimonial Home; Entrustment To Husband Presumed: Kerala High Court Default Imprisonment Not Additional Punishment But Coercive Measure To Secure Fine; Cannot Become 'De Facto' Debtors' Prison: Karnataka High Court Mahant Is Only A Custodian Of Deity’s Property, Assets Gifted For Temple Maintenance Belong To Public Trust: Gujarat High Court Pendency Of Criminal Antecedents Alone Not A Ground To Deny Bail: Andhra Pradesh High Court Grants Bail In Abduction Case After 3-Year Delay In FIR Beer Falls Under ‘IMFL’ Category; No Obligation To Collect TCS On Sales Prior To June 2003: Telangana High Court Dismissal From Service For Negligence Without Proved Misappropriation Is Disproportionate: Orissa High Court Merit In A Case Does Not Justify Disregarding Statutory Delay: NCDRC Upholds Dismissal Of Star Health's Appeal Filed With 442-Day Delay Limitation Period Under Section 34(3) Arbitration Act Commences Only From Receipt Of Signed Copy Of Award: Madhya Pradesh High Court Government Employee Not Eligible For Regular Promotion During Pendency Of Vigilance Proceeding: Orissa High Court Arrest Warrants Against Directors Under Section 72 CP Act Should Be Last Resort; Proper Procedure Must Be Followed: NCDRC

"QUASHING" Digest

Quashing of FIR – Offences under Sections 406, 420, 120-B, and 114 of IPC – Common judgment for multiple petitions – Pertains to M/s. Finquest Financial Solutions Private Limited and M/s. Manpasand Beverages Limited – Allegations of financial mismanagement, fraud, and loan disbursement – Detailed narration of the events leading to the filing of FIR – Quashing so...

Criminal Proceedings - Quashing of FIR under Section 306 IPC based on compromise - Legal position regarding quashing of criminal proceedings explained - The inherent power of the High Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings relating to non-compoundable offences, particularly those of a civil and personal nature, upon compromise, depending on the facts and cir...

Quashing of FIR under Section 174-A IPC - Compromise in a case involving a dishonored cheque - Proceedings under Negotiable Instruments Act concluded with withdrawal of the complaint - FIR quashed in line with precedent cases where continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint deemed an abuse of the process of law. [Para 2-13]

Criminal Law – Quashing of Complaint under Section 482 CrPC – Complaint under Section 138 of NI Act – Chief Financial Officer's Liability – Dismissal of Petition   Quashing Petition – Petition filed under Section 482 CrPC for quashing of complaint under Section 138 NI Act against petitioner, Chief Financial Officer of Accused No.1 company – Petiti...

Premature Release Guidelines - Quashing of Order - Classification of Prisoner - Beneficial Guidelines - The petitioner seeks the quashing of an order placing him in a specific category under the premature release guidelines - The incident involved a quarrel between the petitioner and his wife, resulting in her death by fire - Dying declaration by the deceased indicated her husband's involvemen...

Criminal Revision – Quashing of proceedings and charge sheet – Petitioner seeks the quashing of charges under IPC Sections 341/323/506 – Dispute related to the petitioner’s place of stay – Examination of relevant facts and circumstances. [Para 1-7]   Family Dispute – Marital discord related to the place of residence – Husband’s parents are...

Criminal Law – Quashing of Summoning Orders and Complaints – Criminal petitions filed against summoning orders of the learned Metropolitan Magistrate – Allegations of forgery and fabrication of trade mark registration certificates – Complaint filed under Sections 463, 464, 465, 469, 470, 471, 474, 475, 477-A of IPC – Held that the foundational facts for initiation of ...

Criminal Law - Parole - Grant of Parole for Filing SLP - Petition filed under Article 226 of the Constitution read with Section 482 Cr.P.C. for quashing rejection order of parole application - Petitioner convicted under Sections 302, 326, 452, 147, 148, 149 IPC and sentenced to life imprisonment - Parole sought to engage counsel for filing SLP before Supreme Court - Rejection of parole by competen...

Legal Proceedings - Quashing of summoning order and proceedings in a complaint case - Allegations of bigamy against the applicants - Lack of evidence to establish a valid second marriage - Malicious prosecution - Prima facie case not made out. [Para 3-13] Court's Duty - Protection of apparently innocent persons from frivolous prosecution - Quashing of proceedings to prevent grave miscarriag...

Criminal Law – Abetment of Suicide – Quashing of Proceedings – Application under Section 482 Cr.P.C. for quashing criminal proceedings under Section 306 IPC – Allegation that applicants abetted suicide by threatening and harassing the deceased – Suicide note indicating mental distress caused by false allegations and threats – Court examines evidence to determine...